Certain Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Mexico: Notice of Final Rescission of Antidumping Duty Administrative Review, 39659-39661 [E6-11061]
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Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Notices
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metallic substances, in coils (whether or
not in successively superimposed
layers) regardless of thickness, and in
straight lengths, of a thickness less than
4.75 mm and of a width measuring at
least 10 times the thickness. Specifically
included in this scope are vacuum
degassed, fully stabilized (IF) steels,
high strength low alloy (HSLA) steels,
and the substrate for motor lamination
steels. Steel products to be included in
the scope of this agreement, regardless
of HTSUS definitions, are products in
which: (1) iron predominates, by
weight, over each of the other contained
elements; (2) the carbon content is 2
percent of less, by weight; and (3) none
of the elements listed below exceeds
certain specified quantities.
The merchandise subject to the order
is currently classifiable under
subheadings 7208.10.15.00,
7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00,
7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60,
7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60,
7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15,
7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60,
7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7211.14.00.90, 7211.19.15.00,
7211.19.20.00, 7211.19.30.00,
7211.19.45.00, 7211.19.60.00,
7211.19.75.30, 7211.19.75.60,
7211.19.75.90, 7212.40.10.00,
7212.40.50.00, and 7212.50.00.00 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Certain hot–
rolled flat–rolled carbon–quality steel
covered by this agreement, including
vacuum degassed and fully stabilized,
high strength low alloy, and the
substrate for motor lamination steel may
also enter under tariff numbers
7225.11.00.00, 7225.19.00.00,
7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90,
7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00,
7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. Although the HTSUS
subheadings are provided for
convenience and CBP purposes, the
written description of the scope of the
order is dispositive.
Rescission of Review
On May 4 and May 17, 2006,
respectively, both CSN and CST
informed the Department that they did
not ship hot–rolled steel to the United
States during the POR, and requested
that we rescind the administrative
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review. On June 2, 2006, the Department
conducted an internal customs data
query using the Customs and Border
Protection’s (CBP) Automated
Commercial System (ACS). On June 5,
2006, the Department invited Wiley
Rein & Fielding LLP, counsel for Nucor,
to submit comments regarding the
Department’s intention to rescind the
review with regard to CSN and CST.
Furthermore, we sent a no–shipments
inquiry to CBP on June 16, 2006.
The Department did not receive
comments from Wiley Rein & Fielding
LLP regarding our intention to rescind
the review with regard to CSN and CST.
Additionally, the Department found no
entries from either CSN or CST based on
our internal customs query and our no–
shipments inquiry sent to CBP.
Accordingly, the Department has found
no evidence that CSN or CST had any
entries of hot–rolled steel during the
POR. Therefore, we are rescinding this
administrative review.
Pursuant to 19 CFR 351.213(d)(3), the
Department may rescind an
administrative review, in whole or with
respect to a particular exporter or
producer, if the Secretary concludes
that, during the period covered by the
review, there were no entries, exports,
or sales of the subject merchandise.
Because the evidence on the record
shows that there were no entries of hot–
rolled steel made by CSN or CST during
the POR, the Department is rescinding
this review in accordance with 19 CFR
351.213(d)(3). The Department will
issue appropriate assessment
instructions to CBP within 15 days of
publication of this notice.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: July 6, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–11058 Filed 7–12–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–827]
Certain Large Diameter Carbon and
Alloy Seamless Standard, Line and
Pressure Pipe From Mexico: Notice of
Final Rescission of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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39659
SUMMARY: We have determined that the
antidumping duty administrative review
of Tubos de Acero de Mexico, S.A.
(‘‘TAMSA’’) should be rescinded.
DATES: Effective Date: July 13, 2006.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or George McMahon, AD/
CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–5075, or (202)
482–1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2005, the Department of
Commerce (‘‘the Department’’)
published in the Federal Register the
notice of ‘‘Opportunity to Request
Administrative Review’’ of the
antidumping duty order on certain large
diameter carbon and alloy seamless
standard, line, and pressure pipe
(‘‘SLP’’) from Mexico, for the period
August 1, 2004, through July 31, 2005.
See Notice of Opportunity to Request an
Administrative Review of Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation, 70 FR
44085 (August 1, 2005).
On August 31, 2005, we received a
request from the petitioner 1 to review
TAMSA. On September 28, 2005, we
published the notice of initiation of this
antidumping duty administrative review
with respect to TAMSA. See Initiation
of Antidumping and Countervailing
Duty Administrative Reviews and
Request for Revocation in Part, 70 FR
56631 (September 28, 2005). On October
27, 2005, TAMSA submitted a letter
certifying that neither TAMSA, nor its
U.S. affiliate, Tenaris Global Services
USA (‘‘Tenaris’’), directly or indirectly,
exported or sold for consumption in the
United States any subject merchandise
during the period of review (‘‘POR’’).
On April 3, 2006, the Department
published in the Federal Register,
Certain Large Diameter Carbon and
Alloy Seamless Standard, Line and
Pressure Pipe from Mexico: Notice of
Intent to Rescind Administrative
Review, 71 FR 16556 (April 3, 2006)
(‘‘Notice of Intent to Rescind’’), and
invited comments from interested
parties. The Department did not receive
comments from any interested party.
Scope of the Order
The products covered are large
diameter seamless carbon and alloy
(other than stainless) steel standard,
line, and pressure pipes produced, or
1 The petitioner is United States Steel
Corporation.
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39660
Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Notices
equivalent, to the American Society for
Testing and Materials (‘‘ASTM’’) A–53,
ASTM A–106, ASTM A–333, ASTM A–
334, ASTM A–589, ASTM A–795, and
the American Petroleum Institute
(‘‘API’’) 5L specifications and meeting
the physical parameters described
below, regardless of application, with
the exception of the exclusions
discussed below. The scope of this order
also includes all other products used in
standard, line, or pressure pipe
applications and meeting the physical
parameters described below, regardless
of specification, with the exception of
the exclusions discussed below.
Specifically included within the scope
of this order are seamless pipes greater
than 4.5 inches (114.3 mm) up to and
including 16 inches (406.4 mm) in
outside diameter, regardless of wallthickness, manufacturing process (hot
finished or cold-drawn), end finish
(plain end, beveled end, upset end,
threaded, or threaded and coupled), or
surface finish.
The seamless pipes subject to this
order are currently classifiable under
the subheadings 7304.10.10.30,
7304.10.10.45, 7304.10.10.60,
7304.10.50.50, 7304.31.60.50,
7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48,
7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68,
7304.39.00.72, 7304.51.50.60,
7304.59.60.00, 7304.59.80.30,
7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50,
7304.59.80.55, 7304.59.80.60,
7304.59.80.65, and 7304.59.80.70 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’).
Specifications, Characteristics, and
Uses: Large diameter seamless pipe is
used primarily for line applications
such as oil, gas, or water pipeline, or
utility distribution systems. Seamless
pressure pipes are intended for the
conveyance of water, steam,
petrochemicals, chemicals, oil products,
natural gas and other liquids and gasses
in industrial piping systems. They may
carry these substances at elevated
pressures and temperatures and may be
subject to the application of external
heat. Seamless carbon steel pressure
pipe meeting the ASTM A–106 standard
may be used in temperatures of up to
1000 degrees Fahrenheit, at various
American Society of Mechanical
Engineers (‘‘ASME’’) code stress levels.
Alloy pipes made to ASTM A–335
standard must be used if temperatures
and stress levels exceed those allowed
for ASTM A–106. Seamless pressure
pipes sold in the United States are
commonly produced to the ASTM A–
106 standard.
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17:46 Jul 12, 2006
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Seamless standard pipes are most
commonly produced to the ASTM A–53
specification and generally are not
intended for high temperature service.
They are intended for the low
temperature and pressure conveyance of
water, steam, natural gas, air and other
liquids and gasses in plumbing and
heating systems, air conditioning units,
automatic sprinkler systems, and other
related uses. Standard pipes (depending
on type and code) may carry liquids at
elevated temperatures but must not
exceed relevant ASME code
requirements. If exceptionally low
temperature uses or conditions are
anticipated, standard pipe may be
manufactured to ASTM A–333 or ASTM
A–334 specifications.
Seamless line pipes are intended for
the conveyance of oil and natural gas or
other fluids in pipe lines. Seamless line
pipes are produced to the API 5L
specification.
Seamless water well pipe (ASTM A–
589) and seamless galvanized pipe for
fire protection uses (ASTM A–795) are
used for the conveyance of water.
Seamless pipes are commonly
produced and certified to meet ASTM
A–106, ASTM A–53, API 5L–B, and API
5L–X42 specifications. To avoid
maintaining separate production runs
and separate inventories, manufacturers
typically triple or quadruple certify the
pipes by meeting the metallurgical
requirements and performing the
required tests pursuant to the respective
specifications. Since distributors sell the
vast majority of this product, they can
thereby maintain a single inventory to
service all customers.
The primary application of ASTM A–
106 pressure pipes and triple or
quadruple certified pipes in large
diameters is for use as oil and gas
distribution lines for commercial
applications. A more minor application
for large diameter seamless pipes is for
use in pressure piping systems by
refineries, petrochemical plants, and
chemical plants, as well as in power
generation plants and in some oil field
uses (on shore and off shore) such as for
separator lines, gathering lines and
metering runs. These applications
constitute the majority of the market for
the subject seamless pipes. However,
ASTM A–106 pipes may be used in
some boiler applications.
The scope of this order includes all
seamless pipe meeting the physical
parameters described above and
produced to one of the specifications
listed above, regardless of application,
with the exception of the exclusions
discussed below, whether or not also
certified to a non-covered specification.
Standard, line, and pressure
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applications and the above-listed
specifications are defining
characteristics of the scope of this
review. Therefore, seamless pipes
meeting the physical description above,
but not produced to the ASTM A–53,
ASTM A–106, ASTM A–333, ASTM A–
334, ASTM A–589, ASTM A–795, and
API 5L specifications shall be covered if
used in a standard, line, or pressure
application, with the exception of the
specific exclusions discussed below.
For example, there are certain other
ASTM specifications of pipe which,
because of overlapping characteristics,
could potentially be used in ASTM A–
106 applications. These specifications
generally include ASTM A–161, ASTM
A–192, ASTM A–210, ASTM A–252,
ASTM A–501, ASTM A–523, ASTM A–
524, and ASTM A–618. When such
pipes are used in a standard, line, or
pressure pipe application, such
products are covered by the scope of
this order.
Specifically excluded from the scope
of this order are:
A. Boiler tubing and mechanical
tubing, if such products are not
produced to ASTM A–53, ASTM A–106,
ASTM A–333, ASTM A–334, ASTM A–
589, ASTM A–795, and API 5L
specifications and are not used in
standard, line, or pressure pipe
applications.
B. Finished and unfinished oil
country tubular goods (‘‘OCTG’’), if
covered by the scope of another
antidumping duty order from the same
country. If not covered by such an
OCTG order, finished and unfinished
OCTG are included in this scope when
used in standard, line or pressure
applications.
C. Products produced to the A–335
specification unless they are used in an
application that would normally utilize
ASTM A–53, ASTM A–106, ASTM A–
333, ASTM A–334, ASTM A–589,
ASTM A–795, and API 5L
specifications.
D. Line and riser pipe for deepwater
application, i.e., line and riser pipe that
is (1) used in a deepwater application,
which means for use in water depths of
1,500 feet or more; (2) intended for use
in and is actually used for a specific
deepwater project; (3) rated for a
specified minimum yield strength of not
less than 60,000 psi; and (4) not
identified or certified through the use of
a monogram, stencil, or otherwise
marked with an API specification (e.g.,
‘‘API 5L’’).
With regard to the excluded products
listed above, the Department will not
instruct U.S. Customs and Border
Protection to require end-use
certification until such time as
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petitioner or other interested parties
provide to the Department a reasonable
basis to believe or suspect that the
products are being utilized in a covered
application. If such information is
provided, the Department will require
end-use certification only for the
product(s) (or specification(s)) for which
evidence is provided that such products
are being used in a covered application
as described above. For example, if,
based on evidence provided by
petitioner, the Department finds a
reasonable basis to believe or suspect
that seamless pipe produced to the A–
335 specification is being used in an A–
106 application, it will require end-use
certifications for imports of that
specification. Normally, the Department
will require only the importer of record
to certify to the end-use of the imported
merchandise. If it later proves necessary
for adequate implementation, the
Department may also require producers
who export such products to the United
States to provide such certification on
invoices accompanying shipments to
the United States.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to this scope is
dispositive.
Rescission of Administrative Review
On April 3, 2006, the Department
published in the Federal Register its
intent to rescind the administrative
review. See Notice of Intent to Rescind,
71 FR 16556. In that notice we stated
that, based on our shipment data query
and examination of entry documents
(see Memorandum dated November 9,
2005, entitled ‘‘Memorandum to File:
Internal Customs Data Query’’), we
should treat TAMSA as a non-shipper
and, in accordance with section
351.213(d)(3) of the Department’s
regulations, rescind this review. We
invited interested parties to comment on
our intent to rescind the administrative
review. No comments were submitted.
Consequently, the Department
continues to treat TAMSA as a nonshipper for the purpose of this review.
Therefore, in accordance with section
351.213(d)(3) of the Department’s
regulations, and consistent with our
practice, we are rescinding this review
because TAMSA was the only company
for which a review was requested and
we have determined that TAMSA did
not have entries of subject merchandise
manufactured, produced or exported by
TAMSA during the POR. See, e.g.,
Polychloroprene Rubber from Japan:
Notice of Rescission of Antidumping
Duty Administrative Review, 66 FR
45005 (August 27, 2001).
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17:46 Jul 12, 2006
Jkt 208001
We are issuing this notice in
accordance with section 751(a)(1)(4) of
the Tariff Act of 1930, as amended, and
section 351.213(d) of the Department’s
regulations.
Dated: July 7, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–11061 Filed 7–12–06; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–122–838
Notice of Initiation of Antidumping
Duty Changed Circumstances Review:
Certain Softwood Lumber Products
from Canada
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Taiga Building Products Ltd., the
Department of Commerce is initiating a
changed circumstances review of the
antidumping duty order on Certain
Softwood Lumber Products from
Canada.
AGENCY:
EFFECTIVE DATE:
July 13, 2006.
FOR FURTHER INFORMATION CONTACT:
Saliha Loucif or Constance Handley,
AD/CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1779 or (202) 482–
0631, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 22, 2002, the Department
issued the antidumping duty order on
Certain Softwood Lumber Products from
Canada. See Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Certain Softwood Lumber
Products From Canada, 67 FR 36067
(May 22, 2002). On June 14, 2006, Taiga
Building Products Ltd. requested that
the Department of Commerce (the
Department) conduct a changed
circumstances review, stating that it
changed its name to Taiga Building
Products Ltd. from Taiga Forest
Products on January 6, 2006, and
providing supporting documentation. In
accordance with sections 351.216 and
351.221of the Department’s regulations,
the Department is initiating this review
to confirm whether Taiga Building
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39661
Products Ltd. is the successor–ininterest to Taiga Forest Products.
Scope of the Order
The products covered by this order
are softwood lumber, flooring and
siding (softwood lumber products).
Softwood lumber products include all
products classified under subheadings
4407.1000, 4409.1010, 4409.1090, and
4409.1020, respectively, of the
Harmonized Tariff Schedule of the
United States (HTSUS), and any
softwood lumber, flooring and siding
described below. These softwood
lumber products include:
(1) Coniferous wood, sawn or chipped
lengthwise, sliced or peeled,
whether or not planed, sanded or
finger–jointed, of a thickness
exceeding six millimeters;
(2) Coniferous wood siding (including
strips and friezes for parquet
flooring, not assembled)
continuously shaped (tongued,
grooved, rabbeted, chamfered, v–
jointed, beaded, molded, rounded
or the like) along any of its edges or
faces, whether or not planed,
sanded or finger–jointed;
(3) Other coniferous wood (including
strips and friezes for parquet
flooring, not assembled)
continuously shaped (tongued,
grooved, rabbeted, chamfered, v–
jointed, beaded, molded, rounded
or the like) along any of its edges or
faces (other than wood mouldings
and wood dowel rods) whether or
not planed, sanded or finger–
jointed; and
(4) Coniferous wood flooring
(including strips and friezes for
parquet flooring, not assembled)
continuously shaped (tongued,
grooved, rabbeted, chamfered, v–
jointed, beaded, molded, rounded
or the like) along any of its edges or
faces, whether or not planed,
sanded or finger–jointed.
Although the HTSUS subheadings are
provided for convenience and U.S.
Customs purposes, the written
description of the merchandise subject
to this order is dispositive.
As specifically stated in the Issues
and Decision Memorandum
accompanying the Notice of Final
Determination of Sales at Less Than
Fair Value: Certain Softwood Lumber
Products from Canada, 67 FR 15539
(April 2, 2002) (see comment 53, item D,
page 116, and comment 57, item B–7,
page 126), available at
www.ia.ita.doc.gov/frn, drilled and
notched lumber and angle cut lumber
are covered by the scope of this order.
The following softwood lumber
products are excluded from the scope of
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]]>Agencies
[Federal Register Volume 71, Number 134 (Thursday, July 13, 2006)]
[Notices]
[Pages 39659-39661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11061]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-827]
Certain Large Diameter Carbon and Alloy Seamless Standard, Line
and Pressure Pipe From Mexico: Notice of Final Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: We have determined that the antidumping duty administrative
review of Tubos de Acero de Mexico, S.A. (``TAMSA'') should be
rescinded.
DATES: Effective Date: July 13, 2006.
FOR FURTHER INFORMATION CONTACT: Victoria Cho or George McMahon, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5075, or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2005, the Department of Commerce (``the Department'')
published in the Federal Register the notice of ``Opportunity to
Request Administrative Review'' of the antidumping duty order on
certain large diameter carbon and alloy seamless standard, line, and
pressure pipe (``SLP'') from Mexico, for the period August 1, 2004,
through July 31, 2005. See Notice of Opportunity to Request an
Administrative Review of Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation, 70 FR 44085 (August 1, 2005).
On August 31, 2005, we received a request from the petitioner \1\
to review TAMSA. On September 28, 2005, we published the notice of
initiation of this antidumping duty administrative review with respect
to TAMSA. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 70 FR 56631
(September 28, 2005). On October 27, 2005, TAMSA submitted a letter
certifying that neither TAMSA, nor its U.S. affiliate, Tenaris Global
Services USA (``Tenaris''), directly or indirectly, exported or sold
for consumption in the United States any subject merchandise during the
period of review (``POR'').
On April 3, 2006, the Department published in the Federal Register,
Certain Large Diameter Carbon and Alloy Seamless Standard, Line and
Pressure Pipe from Mexico: Notice of Intent to Rescind Administrative
Review, 71 FR 16556 (April 3, 2006) (``Notice of Intent to Rescind''),
and invited comments from interested parties. The Department did not
receive comments from any interested party.
---------------------------------------------------------------------------
\1\ The petitioner is United States Steel Corporation.
---------------------------------------------------------------------------
Scope of the Order
The products covered are large diameter seamless carbon and alloy
(other than stainless) steel standard, line, and pressure pipes
produced, or
[[Page 39660]]
equivalent, to the American Society for Testing and Materials
(``ASTM'') A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-589, ASTM
A-795, and the American Petroleum Institute (``API'') 5L specifications
and meeting the physical parameters described below, regardless of
application, with the exception of the exclusions discussed below. The
scope of this order also includes all other products used in standard,
line, or pressure pipe applications and meeting the physical parameters
described below, regardless of specification, with the exception of the
exclusions discussed below. Specifically included within the scope of
this order are seamless pipes greater than 4.5 inches (114.3 mm) up to
and including 16 inches (406.4 mm) in outside diameter, regardless of
wall-thickness, manufacturing process (hot finished or cold-drawn), end
finish (plain end, beveled end, upset end, threaded, or threaded and
coupled), or surface finish.
The seamless pipes subject to this order are currently classifiable
under the subheadings 7304.10.10.30, 7304.10.10.45, 7304.10.10.60,
7304.10.50.50, 7304.31.60.50, 7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.51.50.60,
7304.59.60.00, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60,
7304.59.80.65, and 7304.59.80.70 of the Harmonized Tariff Schedule of
the United States (``HTSUS'').
Specifications, Characteristics, and Uses: Large diameter seamless
pipe is used primarily for line applications such as oil, gas, or water
pipeline, or utility distribution systems. Seamless pressure pipes are
intended for the conveyance of water, steam, petrochemicals, chemicals,
oil products, natural gas and other liquids and gasses in industrial
piping systems. They may carry these substances at elevated pressures
and temperatures and may be subject to the application of external
heat. Seamless carbon steel pressure pipe meeting the ASTM A-106
standard may be used in temperatures of up to 1000 degrees Fahrenheit,
at various American Society of Mechanical Engineers (``ASME'') code
stress levels. Alloy pipes made to ASTM A-335 standard must be used if
temperatures and stress levels exceed those allowed for ASTM A-106.
Seamless pressure pipes sold in the United States are commonly produced
to the ASTM A-106 standard.
Seamless standard pipes are most commonly produced to the ASTM A-53
specification and generally are not intended for high temperature
service. They are intended for the low temperature and pressure
conveyance of water, steam, natural gas, air and other liquids and
gasses in plumbing and heating systems, air conditioning units,
automatic sprinkler systems, and other related uses. Standard pipes
(depending on type and code) may carry liquids at elevated temperatures
but must not exceed relevant ASME code requirements. If exceptionally
low temperature uses or conditions are anticipated, standard pipe may
be manufactured to ASTM A-333 or ASTM A-334 specifications.
Seamless line pipes are intended for the conveyance of oil and
natural gas or other fluids in pipe lines. Seamless line pipes are
produced to the API 5L specification.
Seamless water well pipe (ASTM A-589) and seamless galvanized pipe
for fire protection uses (ASTM A-795) are used for the conveyance of
water.
Seamless pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53, API 5L-B, and API 5L-X42 specifications. To avoid
maintaining separate production runs and separate inventories,
manufacturers typically triple or quadruple certify the pipes by
meeting the metallurgical requirements and performing the required
tests pursuant to the respective specifications. Since distributors
sell the vast majority of this product, they can thereby maintain a
single inventory to service all customers.
The primary application of ASTM A-106 pressure pipes and triple or
quadruple certified pipes in large diameters is for use as oil and gas
distribution lines for commercial applications. A more minor
application for large diameter seamless pipes is for use in pressure
piping systems by refineries, petrochemical plants, and chemical
plants, as well as in power generation plants and in some oil field
uses (on shore and off shore) such as for separator lines, gathering
lines and metering runs. These applications constitute the majority of
the market for the subject seamless pipes. However, ASTM A-106 pipes
may be used in some boiler applications.
The scope of this order includes all seamless pipe meeting the
physical parameters described above and produced to one of the
specifications listed above, regardless of application, with the
exception of the exclusions discussed below, whether or not also
certified to a non-covered specification. Standard, line, and pressure
applications and the above-listed specifications are defining
characteristics of the scope of this review. Therefore, seamless pipes
meeting the physical description above, but not produced to the ASTM A-
53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-589, ASTM A-795, and API
5L specifications shall be covered if used in a standard, line, or
pressure application, with the exception of the specific exclusions
discussed below.
For example, there are certain other ASTM specifications of pipe
which, because of overlapping characteristics, could potentially be
used in ASTM A-106 applications. These specifications generally include
ASTM A-161, ASTM A-192, ASTM A-210, ASTM A-252, ASTM A-501, ASTM A-523,
ASTM A-524, and ASTM A-618. When such pipes are used in a standard,
line, or pressure pipe application, such products are covered by the
scope of this order.
Specifically excluded from the scope of this order are:
A. Boiler tubing and mechanical tubing, if such products are not
produced to ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-589,
ASTM A-795, and API 5L specifications and are not used in standard,
line, or pressure pipe applications.
B. Finished and unfinished oil country tubular goods (``OCTG''), if
covered by the scope of another antidumping duty order from the same
country. If not covered by such an OCTG order, finished and unfinished
OCTG are included in this scope when used in standard, line or pressure
applications.
C. Products produced to the A-335 specification unless they are
used in an application that would normally utilize ASTM A-53, ASTM A-
106, ASTM A-333, ASTM A-334, ASTM A-589, ASTM A-795, and API 5L
specifications.
D. Line and riser pipe for deepwater application, i.e., line and
riser pipe that is (1) used in a deepwater application, which means for
use in water depths of 1,500 feet or more; (2) intended for use in and
is actually used for a specific deepwater project; (3) rated for a
specified minimum yield strength of not less than 60,000 psi; and (4)
not identified or certified through the use of a monogram, stencil, or
otherwise marked with an API specification (e.g., ``API 5L'').
With regard to the excluded products listed above, the Department
will not instruct U.S. Customs and Border Protection to require end-use
certification until such time as
[[Page 39661]]
petitioner or other interested parties provide to the Department a
reasonable basis to believe or suspect that the products are being
utilized in a covered application. If such information is provided, the
Department will require end-use certification only for the product(s)
(or specification(s)) for which evidence is provided that such products
are being used in a covered application as described above. For
example, if, based on evidence provided by petitioner, the Department
finds a reasonable basis to believe or suspect that seamless pipe
produced to the A-335 specification is being used in an A-106
application, it will require end-use certifications for imports of that
specification. Normally, the Department will require only the importer
of record to certify to the end-use of the imported merchandise. If it
later proves necessary for adequate implementation, the Department may
also require producers who export such products to the United States to
provide such certification on invoices accompanying shipments to the
United States.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise subject to
this scope is dispositive.
Rescission of Administrative Review
On April 3, 2006, the Department published in the Federal Register
its intent to rescind the administrative review. See Notice of Intent
to Rescind, 71 FR 16556. In that notice we stated that, based on our
shipment data query and examination of entry documents (see Memorandum
dated November 9, 2005, entitled ``Memorandum to File: Internal Customs
Data Query''), we should treat TAMSA as a non-shipper and, in
accordance with section 351.213(d)(3) of the Department's regulations,
rescind this review. We invited interested parties to comment on our
intent to rescind the administrative review. No comments were
submitted.
Consequently, the Department continues to treat TAMSA as a non-
shipper for the purpose of this review. Therefore, in accordance with
section 351.213(d)(3) of the Department's regulations, and consistent
with our practice, we are rescinding this review because TAMSA was the
only company for which a review was requested and we have determined
that TAMSA did not have entries of subject merchandise manufactured,
produced or exported by TAMSA during the POR. See, e.g.,
Polychloroprene Rubber from Japan: Notice of Rescission of Antidumping
Duty Administrative Review, 66 FR 45005 (August 27, 2001).
We are issuing this notice in accordance with section 751(a)(1)(4)
of the Tariff Act of 1930, as amended, and section 351.213(d) of the
Department's regulations.
Dated: July 7, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-11061 Filed 7-12-06; 8:45 am]
BILLING CODE 3510-DS-P
